Application for Vacation of stay in High High Court

Format of Application for vacation of stay in the High Court.

IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL ORIGINAL JURISDICTION)
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)
CM NO. OF ________IN
WRIT PETITION CIVIL NO. ________ OF 20________

IN THE MATTER OF:
________ ....PETITIONERS
VERSUS
________ ....RESPONDENTS

APPLICATION UNDER SECTION 151 OF CPC ON BEHALF OF RESPONDENT NO. ________ TO ________FOR VACATION OF STAY ORDER DATED ________EXPIRED ON ________OBTAINED BY THE PETITIONERS ONE THE GROUND OF JUDGMENT OF THE HON'BLE SUPREME COURT DATED ________IN CRL APPEAL NOS. ________OF ________ IN ASIAN RESURFACING OF ROAD AGENCY PVT. LTD WHICH DIRECTED THAT THE STAY GRANTED BY COURTS WILL END ON EXPIRY OF SIX MONTHS FROM THE DATE OF SUCH ORDER UNLESS SIMILAR EXTENSION IS GRANTED BY A SPEAKING ORDER

MOST RESPECTFULLY SHOWETH:
1. That this Application is being filed by the Respondent No. ________to ________, whose appointment are on hold for about ________ years, interalia for Vacation of the stay order dated ________ (Expired on ________) passed by this Hon'ble Court obtained by the Petitioner by lying before this Hon'ble Court , Concealing the fact that the Applicants (Respondents) have same qualification of Mr. ________and mis interpreting Judgment of the Hon'ble Supreme Court in Review Petition No. ________ of ________ in Civil Appeal No. ________ of ________ dated ________in ________Vs Delhi Subordinate Services Selection Board in which the Hon'ble Supreme Court had allowed the Review Petition filed by Mr. ________.

2. The Hon'ble Central Administrative Tribunal had allowed Original Application No. ________of ________ filed by the Applicants (Respondents) vide its order dated ________ (Annexure A-5) and directed the Petitioners to take appropriate decision in the case of the applicants within one month from ________. The extracts of the Judgment is:
________
The Petitioners had challenged the above said order dated ________, after delay of ________ months, along with order dated ________in Contempt Petition No. ________ of ________ before this Hon'ble Court. While challenging the orders, the Petitioners specifically stated that Mr. ________had done _______ course from Delhi, hence his Review Petition was allowed by the Supreme Court. The Petitioners concealed from this Hon'ble Court that Mr. ________had done the same course done by the applicants / Respondents i.e. Diploma in Education Course from Bhopal, Madhya Pradesh, which is stated even in the impugned order. The Petitioners had drafted the Writ Petition in such a way to present that Mr. ________had done ____ course from Delhi. They concealed the facts prevented this Hon'ble Court from noticing that Mr. ________had done Diploma in Education Course from Bhopal. This Hon'ble Court, on the basis of this wrong statement made by the Petitioners, on ________had stayed the impugned order and passed the following order:

"5. Issue notice to the respondents directly as also through counsel appearing for them before the Tribunal, on the petitioners filing the process fee within one week, by ordinary process and speed post, returnable before the Registrar on ________.
6. List in Court on ________.

7. In the meantime, operation of the impugned judgment dated ________, shall remain stayed."
Copy of the Stay Order dated ________passed by this Hon'ble Court in W.P.(C) No. ________ of ________ is annexed herewith and attached as Annexure A-1 Page ___to Page ____.

3. That the stay order was expired on ________and this Hon'ble Court did not extend the stay in any further hearing i.e. on ________or ________or ________.
Copy of order dated ________passed by this Hon'ble Court is annexed herewith and attached as Annexure A-2 Page ____ to Page___
Copy of order dated ________passed by this Hon'ble Court is annexed herewith and attached as Annexure A-3 Page ____ to Page___
Copy of order dated ________passed by this Hon'ble Court is annexed herewith and attached as Annexure A-4 Page ____ to Page___

4. That the Applicants (Respondents) had filed Counter Affidavit for Respondent No. ________ to ________on ________vide Diary No. ________and for Respondent No. ________ on ________vide Diary No. ________. The Petitioners, in many hearings, sought time to file rejoinder. On ________, ________ the Petitioners filed rejoinder and repeated the same lie that Mr. Praveen Kumar's review petition was allowed on the ground that he had done _______. But in Para G of the Rejoinder, (after getting stay), the Petitioners accepted that Mr. ________did DeD from Bhopal MP not _______.

5. That after getting stay order in the instant case, the Petitioners used it to get stay order in all other similar maters and getting the hearing adjourned by citing one or other reason.

GROUNDS FOR VACATING STAY
6. This application is being filed to Vacate stay order dated ________on the following grounds:
a) The Petitioners lied before this Hon'ble Court that Mr. ________had done ____ Course from Delhi hence the Supreme Court allowed his Review Petition. But he had done Diploma in Education from Bhopal, the same Qualification of Applicants. It is now accepted by Petitioners in Para G of Rejoinder.

That the Petitioners, while filing the Writ Petition, have lied before this Hon'ble Court and concealed the fact that the matter has attained finality by the Judgment of the Hon'ble Supreme Court dated September ________, ________ in ________. Delhi Subordinate Services Selection Board, Review Petition No. ________ of ________, in Civil Appeal No. ________ of ________ (Annexure-A-14), whereby the Hon'ble Supreme Court has allowed the Review Petition filed by Mr. ________, a candidate from the batch of respondents with qualification of Diploma in Education from Bhopal, Madhya Pradesh i.e. course other than _______. It is accepted by Petitioners in Para G of the Rejoinder. All the Respondents have same qualifications from Bhopal / Haryana and the merits of the case are similar and identically placed like Mr. ________. Educational Qualification of all Applicants (Respondents) are mentioned in Para 1.1 of the impugned order dated ________in O.A. No. ________ of ________. Educational Qualification of Mr. ______ is mentioned in Para 7 of the said Judgment.
Copy of the Impugned Judgment dated ________in O.A. No. ________ of ________ in _______ & Ors Vs Government of NCT of Delhi & Ors is annexed herewith and attached as Annexure A-5 Page ____ to Page___.

b) That the Petitioners have concealed the fact that all the averments are dealt with by this Hon'ble Court in W.P.(C) ________ of ________ and the instant Writ Petition is barred by Res Judicata.

The Petitioners had challenged the order passed by the Central Administrative Tribunal in case of Mr. ________on the ground that Mr. ________had done Diploma in Education from Madhya Pradesh, not _______ from Delhi, hence he cannot be appointed by giving age relaxation. This Hon'ble court by its order dated ________, ________ in Delhi Subordinate Services Selection Board v. ________, Writ Petition (Civil) No. ________ of ________ held that age relaxation allowed through Sachin Gupta Judgment is applicable to courses equivalent to _______ also. This Hon'ble Court had dismissed the Writ Petition filed by the Petitioners as the Petitioners failed to prove that other Diploma Courses are not equivalent to _______. The said Judgment was upheld by Hon'ble Supreme Court and said that "we therefore find no fault in the impugned judgment of the High Court". The Petitioners have again averred the same pleading in this Petition also. Now they have accepted in Para G of the Rejoinder that Mr. ________also has same qualification of Applicants. Since this Hon'ble Court had dealt with all the issues in the instant petition and Mr. ________was one of the Petitioners from the batch of Applicants (Respondents) to this petition, the current Writ Petition is barred by Res Judicata. Extracts of the Judgment of this Hon'ble Court in W.P.(C) No. ________ of ________ is:

c) That the Petitioners have concealed that they have suo moto given age relaxation and appointment to many candidate with DeD and other qualifications from other states.
That a candidate namely Ms. ________for the Post Code ________ (the same post for which respondents are applied) whose name is mentioned in selected candidates Result Notice-Office Order No. ________dated ________mentioned at Serial no. ________, Roll No. ________ and her date of birth is ________. She has done two years Primary Teacher Training (PTT not _______) from Jharkhand. The DSSSB has selected and appointed her by giving age relaxation on the basis of Judgment dated ________ in Sachin Gupta, WP(C) No. ________of ________. She is working as Assistant Teacher (Primary) and was posted in Haider Pur Girls Schools initially. As per RTI reply received, the Petitioners have also in ________, appointed Ms. ________and Ms. ________who have done courses other than _______ and got age relaxation. The Petitioners had given age relaxation to Mr. ________, who has done D.ED from other state (Not _______ from Delhi) date of birth ________for examination held on ________vide result notice No. ________dated ________ ________ ________, for the Post Code ________as per ________ (________) Judgment. But the petitioners have arbitrarily and in a biased manner refused to give same age relaxation to the Applicants (Respondents).
RTI reply regarding appointment of Ms. ________ and Ms. ________who have done courses other than _______ and got age relaxation and relevant pages of Result Notice No. ________ dated ________and appointment orders is annexed herewith and attached as Annexure A-7 Page ____ to Page _____,

d) That the Writ Petition has been filed after a delay of almost ________months
That the Writ Petition against order dated ________nd ________ ________ passed by the Hon'ble Central Administrative Tribunal has been filed after a delay of ________ months. The Petitioners have first challenged the order of Central Administrative Tribunal in Mr. ________ (________) and kept pending the order in the instant petition as both the cases are similar. They have not challenged the said order even after the Supreme Court Judgment in ________ (________) passed in ________. On ________the Hon'ble Central Administrative Tribunal has rightly initiated contempt proceedings against the Petitioners for not obeying its orders in Contempt Petition No. ________/________ the Petitioners have filed the instant petition by ignoring various warnings given by the Apex Court against filing unnecessary, frivolous petitions.
Copy of the Order dated ________passed by Hon'ble Central Administrative Tribunal in Contempt Petition No. ________/________ is annexed herewith and attached as Annexure A-9 Page __.

e) That as per the Hon'ble Supreme Court Judgment 28.03.2018 in Criminal Appeal Nos. 1375-1376 of 2013 in Asian Resurfacing of Road Agency Pvt. Ltd. & Anr. Versus Central Bureau Of Investigation (2018 16 SCC Page 299) in cases where stay is granted in future, the same will end on expiry of six months from the date of such order unless similar extension is granted by a speaking order.

That the Hon'ble Supreme Court in its Judgment dated 28.03.2018 in Criminal Appeal Nos. 1375-1376 of 2013 in Asian Resurfacing of Road Agency Pvt. Ltd. & Anr. Versus Central Bureau Of Investigation (2018 16 SCC Page 299) held that in cases where stay is granted in future, the same will end on expiry of six months from the date of such order unless similar extension is granted by a speaking order. Extracts of the Judgment of the Hone'ble Supreme Court is:

35. In view of above, situation of proceedings remaining pending for long on account of stay needs to be remedied. Remedy is required not only for corruption cases but for all civil and criminal cases where on account of stay, civil and criminal proceedings are held up. At times, proceedings are adjourned sine die on account of stay. Even after stay is vacated, intimation is not received and proceedings are not taken up. In an attempt to remedy this, situation, we consider it appropriate to direct that in all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended. In cases where stay is granted in future, the same will end on expiry of six months from the date of such order unless similar extension is granted by a speaking order. The speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalized. The trial Court where order of stay of civil or criminal proceedings is produced, may fix a date not beyond six months of the order of stay so that on expiry of period of stay, proceedings can commence unless order of extension of stay is produced."

Copy of the Hon'ble Supreme Court Judgment dated 28.03.2018 in Criminal Appeal Nos. 1375-1376 of 2013 in Asian Resurfacing of Road Agency Pvt. Ltd. & Anr. Versus Central Bureau of Investigation (2018 16 SCC Page 299) is annexed herewith and attached as Annexure A-10 Page____ to Page ____.

f) That the Petitioners have got stay in other connected matters or disposed of similar matters by telling the same lie that Mr. Praveen Kumar had done _______ course, hence his Petition was allowed by the Supreme Court.

FACTS OF THE CASE
7. Brief facts about the case are that pursuant to the Advertisement No. ________/________ of Delhi Subordinate Services Selection Board (DSSSB), the Applicants (Respondents) had applied for the post of Primary Teacher in Municipal Corporation of Delhi (MCD) (Post Code ________/________) under General and OBC Category and cleared the Written Examination held on ________. But her candidature was not considered for the said Post and their names were displayed in the rejection list published on ________with a remark of "overage".

8. That prior to ________, the age limit to apply for the post of Primary Teacher in Delhi was ________ years for male candidate and ________ years for female candidate.

9. That the Applicants (Respondents) had also challenged rejection letter no. ________and filed OA No. ________ of ________ in _______________ & Ors V. _______________ with the Hon'ble Central Administrative Tribunal, seeking direction to grant age relaxation as per ________ (________) Judgment to them. The Hon'ble Tribunal had allowed their OA No. ________ of ________ vide its order dated ________. Copy of the Impugned Judgment is annexed as Annexure A5.

10. But the Petitioners neither gave age relaxation to the Applicants nor challenged the said order. The Applicants (Respondents) in OA No. ________ of ________ had filed contempt Petition No. ________/________ with the Hon'ble Tribunal. Vide order dated ________the Hon'ble Tribunal directed compliance of the Judgment dated ________, failing which the Chairman of the Respondent No.2/DSSSB has been directed to remain present on the next date. With these directions the matter has been re-notified for ________. Copy of the order dated ________is attached as Annexure _.

11. That after a delay of almost ________ years, the Petitioners have filed Writ Petition (C) No. ________ of ________ titled Govt. of NCT of Delhi & Ors Vs ________& Ors and challenged order dated ________in OA NO. ________of ________ along with order dated ________in Contempt Petition No. ________/________. On ________this Hon'ble Court issued notice in the said Writ Petition and stayed operation of Judgment dated ________.

12. That the Applicants (Respondents) are confident of getting a favourable Judgment from this Hon'ble Court as the issues in the Writ Petition are already settled in W.P.C No. ________ of ________ and the instant petition has been filed with same arguments barred by Res Judicata.

Hence this application for vacating stay order dated ________in W.P.(C) No. ________ of ________.

PRAYERS
In view of the facts & circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:--

a) Vacate the Stay Order dated ________in W.P.(C) ________ of ________ and CM Appl. ________ of ________ (stay) that the stay expired on ________; and / or;

b) Any other relief, order or direction this court may deem fit and proper under the facts and circumstances of this case.

THROUGH;

COUNSEL FOR THE APPLICANTS (RESPONDENTS)

Dated: __.__.________